The impact of international treaties on South African law post 1996
Date
2023
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
University of the Witwatersrand, Johannesburg
Abstract
This research report considers the position of international treaties—referred to as international agreements in the South African Constitution—in the South African legal system, following the enactment of the final Constitution. This research report investigates the Constitution’s legal framework regarding the incorporation of international agreements into South African municipal law. It also examines matters relating to withdrawal from international agreements,
the effects of international agreements ratified by Parliament but not incorporated into national law, and the importance of international agreements when interpreting national legislation and human rights. This research is of particular interest as prior to the final Constitution, no South African constitution provided a framework for incorporating international agreements into national law. While a framework now exists for incorporation of international agreements in South African national law, several issues still surround the incorporation of international agreements into national law, as will become evident throughout this research report
Description
A research report submitted in partial fulfillment of the requirements for the degree of Master’s of Law by Coursework and Research Report at the University of the Witwatersrand, Johannesburg, 2023
Keywords
South African Constitution, South African legal system, International treaties, South African law post, UCTD
Citation
University of the Witwatersrand, Johannesburg